CASE N° GEQ/07 - MARCELO LOHOSO - EQUATORIAL GUINEA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 162nd session (Windhoek, 11 April 1998)

The Inter-Parliamentary Council,

Having before it the case of Mr. Marcelo Lohoso, an incumbent member of the House of Representatives, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the " Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians ",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/161/11(a)-R.1), which contains a detailed outline of the case,

Considering that, according to the source, Mr. Marcelo Lohoso, who belongs to the ruling " Partido Democrático de Guinea Ecuatorial " and is Director of the National Institute of Agriculture, was arrested on 21 January 1998 together with many other persons belonging like him to the Bubi ethnic group, the native population of Bioko Island; that he is reportedly held at the central police station in Malabo,

Considering that, according to the source, the arrest reportedly took place after attacks in the early hours of 21 January 1998 on military barracks in Luba and Moka, two towns in the south of Bioko Island, which reportedly left eight soldiers and one civilian dead and several other soldiers wounded,

Considering that, according to the source, the Government reportedly claims that the attacks were carried out by the " Movimiento para la Autodeterminación de la Isla de Bioko (MAIB) ", and that it reportedly suspects those arrested of belonging to or supporting that movement,

Considering that, according to the source, the Government has stated that Mr. Lohoso has been " put under the jurisdiction of the courts "; that, however, it has not specified the charges held against him; that he will reportedly be tried by a military court whose sentences are not open to appeal; that neither have the judicial authorities yet completed the investigation nor have the defence lawyers been provided with the case files,

Considering also that, according to the source, the United Nations Special Rapporteur on the human rights situation in the Republic of Equatorial Guinea, who visited Malabo two weeks ago, stated that most, if not all, of the detainees had suffered torture; that, consequently, Mr. Lohoso may have been tortured as well,

Noting that the  Movimiento para la Autodeterminación de la Isla de Bioko, which was founded in November 1994 to achieve independence for Bioko Island and is widely supported by the Bubi, had not used violence before its alleged involvement in the attacks of 21 January; that, according to the source, corroborated by the United Nations Special Rapporteur on the human rights situation in Equatorial Guinea (E/CN.4/1998/73), since its creation hundreds of people belonging to the Bubi ethnic group have been arrested on suspicion of belonging to or simply sympathising with the MAIB, with the Government only rarely presenting evidence,

Also noting that legislative elections are due later this year,

Bearing in mind the recommendation of the United Nations Special Rapporteur on the human rights situation in Equatorial Guinea as endorsed by the United Nations Human Rights Commission at its 53rd session (March/April 1997) that the Equatorial Guinea authorities shall ensure " the issuing of precise instructions to the forces responsible for maintaining order and security, enjoining them to refrain from making arbitrary arrests, to respect the right of all to personal safety, to physical integrity and to liberty ... ",

1. Expresses deep concern at the arrest of Mr. Lohoso and the possibility that he may have been tortured or ill-treated;

2. Wishes to ascertain urgently the current situation of Mr. Lohoso and in particular:

(i) The exact conditions of his detention and his state of health;

(ii) The legal grounds for his arrest and the facts adduced to substantiate them;

(iii) Whether he is interrogated and whether defence counsel is available to him;

(iv) Whether he enjoys his right to visits from his relatives and defence counsel;

3. Urges the authorities either to release Mr. Lohoso forthwith or to subject him to due judicial process;

4. Is concerned at the allegation that he may be tried by a military court without enjoying the necessary guarantees of independence and impartiality and that, moreover, he may not be afforded his right of appeal;

5. Recalls that the Republic of Equatorial Guinea is a party to the International Covenant on Civil and Political Rights and to the African Charter on Human and Peoples' Rights, and that it is therefore bound to respect the right to the liberty and integrity of person and the right to fair trial as enshrined in those instruments;

6. Requests the Secretary General to convey these concerns to the competent authorities and invite them to supply the requested information;

7. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 1998).

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